Antitrust Immunity Legislation for Health Care Providers

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American Bar Association, 2000 - Antitrust law - 84 pages
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Contents

Introduction
1
Physician Joint Action and the Antitrust Laws
5
2 Rule of Reason and Per Se Analysis
7
b Physician Joint Ventures and Networks
12
c The Benefit of Forming an Integrated Joint Venture
13
d DOJ and FTC Policy Statements
15
ii Integration Through Sharing of Substantial Financial Risk
16
iii Clinical Integration
18
2 Antitrust and Competitive Concerns
41
b Antitrust Law Promotes Procompetitive Joint Contracting by Health Care Professionals with Health Plans
43
c No Compelling Need Has Been Shown for Broad Antitrust Immunity for Health Care Professionals Who Jointly Negotiate with Health Plans
47
d The Campbell Bill Would Not Advance the Policies Underlying Existing Labor Exemptions from Antitrust Law
50
3 Conclusion
52
State Legislation Concerning Physician Collaboration
53
a The Clear Articulation Requirement
55
b The Active Supervision Requirement
57

iv Safety Zones
19
v Messenger Model
21
3 Conclusion
22
Organized Labor and the Antitrust Laws
23
2 The Nonstatutory Exemption
28
Physician Unions Under Current Labor Law
33
2 Application of the Statutory Exclusion of Independent Contractors to Physicians and the AmeriHealth Decision
34
3 Conclusion
37
Analysis of the Quality HealthCare Coalition Act Antitrust and Competition Concerns
39
3 Current State Efforts to Exempt Physician Coordinated Activity from the Antitrust Laws
62
ii Comparisons with the Quality HealthCare Coalition Act
66
b Other State Legislation
67
4 Availability of State Action Immunity under Current Physician Collaboration Statutes
70
5 Conclusion
71
The Quality HealthCare Act of 2000 HR 1304
73
Managed Care Freedom of Choice Act Tex SB 1468
77
Copyright

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